Hello
Guest

Sponsored Links


Topic: Immigration/Adoption Solicitor Recommendations  (Read 2038 times)

0 Members and 2 Guests are viewing this topic.

  • *
  • Posts: 262

  • Liked: 0
  • Joined: Sep 2008
  • Location: Leicestershire
Immigration/Adoption Solicitor Recommendations
« on: November 14, 2018, 02:27:27 PM »
I'm reaching out for some more advice on finding an excellent immigration/adoption solicitor. I've posted on here before for some advice but it's a very unique situation.

Short background: nearly 3 years ago, we were asked to foster my nephew from America. Then his mother lost all rights and we were asked to adopt about a year ago. Had gone through a fostering assessment but not adoption. US authorities have been paying for everything. 

I was told to contact Laura Devine's firm way back when this all came about on here. The US side never did this so I reached out a few weeks ago. I'm sure they would be able to help us but just for the initial consultation, it's $1500! 

Does anyone have any other highly recommended immigration solicitors? I understand paying the fees, so I'm not complaining about fees but 1500 for an initial consultation seems high or is this the normal price? My nephews attorney is seeking approval for this to be paid but perhaps it's worth seeing if any other are out there that may be a bit cheaper for the consult meeting.

What we need is guidance on a step by step plan that will allow my nephew to be adopted by us here in the UK and then assistance with the immigration application process for him.

Thanks all x


  • *
  • Posts: 17769

  • Liked: 6118
  • Joined: Sep 2010
Re: Immigration/Adoption Solicitor Recommendations
« Reply #1 on: November 14, 2018, 03:58:36 PM »
Have you tried Medivisas in London?


  • *
  • Posts: 262

  • Liked: 0
  • Joined: Sep 2008
  • Location: Leicestershire
Re: Immigration/Adoption Solicitor Recommendations
« Reply #2 on: November 14, 2018, 05:53:15 PM »
I will look them up, thank you.


  • *
  • Posts: 17769

  • Liked: 6118
  • Joined: Sep 2010
Re: Immigration/Adoption Solicitor Recommendations
« Reply #3 on: November 14, 2018, 06:24:12 PM »
I will look them up, thank you.

If they can't help, hopefully they will be able to point you in the direction of someone who can.


  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Immigration/Adoption Solicitor Recommendations
« Reply #4 on: November 14, 2018, 09:02:52 PM »
If they can't help, hopefully they will be able to point you in the direction of someone who can.

This.

Keep us posted!


  • *
  • Banned
  • Posts: 29

  • Liked: 0
  • Joined: Oct 2018
Re: Immigration/Adoption Solicitor Recommendations
« Reply #5 on: November 18, 2018, 06:31:18 AM »
I'm reaching out for some more advice on finding an excellent immigration/adoption solicitor. I've posted on here before for some advice but it's a very unique situation.

Short background: nearly 3 years ago, we were asked to foster my nephew from America. Then his mother lost all rights and we were asked to adopt about a year ago. Had gone through a fostering assessment but not adoption. US authorities have been paying for everything. 

I was told to contact Laura Devine's firm way back when this all came about on here. The US side never did this so I reached out a few weeks ago. I'm sure they would be able to help us but just for the initial consultation, it's $1500! 

Does anyone have any other highly recommended immigration solicitors? I understand paying the fees, so I'm not complaining about fees but 1500 for an initial consultation seems high or is this the normal price? My nephews attorney is seeking approval for this to be paid but perhaps it's worth seeing if any other are out there that may be a bit cheaper for the consult meeting.

What we need is guidance on a step by step plan that will allow my nephew to be adopted by us here in the UK and then assistance with the immigration application process for him.

Thanks all x


I could help with immigration but not with adoption.

Is this child in the UK?? are you?
 
If Yes -- IF both are in the UK..

Now, if you are reapply doing adoption, whatever the process is, you have to follow it with whatever agencies are appropriate for that. Normally you do not need a solicitor.

The moment the court makes an adoption order and the child thus acquires at least one British citizen (at the time of the adoption) parent, the child will be a British citizen.After that you just take an adoption certificate and apply for the passport. I have numerous clients who have done that.

Any social services agency in the UK would tell you that.

Immigration is not part of this process. Even if the child fell from the moon,  the moment a court makes an adoption order he acquires the adoptive parent's BC.

Obviously if neither of you is British then it is more complicated and depends on your own immigration status.

HOWEVER

If YOu are in the UK and the child is NOT in the UK, this is a more complex situation.

You have to be assessed in the UK and go through overseas adoption process.

IF YOU ARE IN THE US AND SO IS THE CHILD then

1) you have to follow US process for adoptions.
2) You will have to stay overseas for at least 18 months, of which 12 months living together with the child,  before you can return to the UK with the child. The child will then apply for ILE under part 8 of the Immigration rules. They cannot get a British passport based on overseas adoption if the British parent was not resident in the Uk at the time of such adoption and did not go through the UK-based overseas adoption process.

 
No one is going to give better advice for £1500 lol.



  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Immigration/Adoption Solicitor Recommendations
« Reply #6 on: November 18, 2018, 09:22:22 AM »

I could help with immigration but not with adoption.

Is this child in the UK?? are you?
 
If Yes -- IF both are in the UK..

Now, if you are reapply doing adoption, whatever the process is, you have to follow it with whatever agencies are appropriate for that. Normally you do not need a solicitor.

The moment the court makes an adoption order and the child thus acquires at least one British citizen (at the time of the adoption) parent, the child will be a British citizen.After that you just take an adoption certificate and apply for the passport. I have numerous clients who have done that.

Any social services agency in the UK would tell you that.

Immigration is not part of this process. Even if the child fell from the moon,  the moment a court makes an adoption order he acquires the adoptive parent's BC.

Obviously if neither of you is British then it is more complicated and depends on your own immigration status.

HOWEVER

If YOu are in the UK and the child is NOT in the UK, this is a more complex situation.

You have to be assessed in the UK and go through overseas adoption process.

IF YOU ARE IN THE US AND SO IS THE CHILD then

1) you have to follow US process for adoptions.
2) You will have to stay overseas for at least 18 months, of which 12 months living together with the child,  before you can return to the UK with the child. The child will then apply for ILE under part 8 of the Immigration rules. They cannot get a British passport based on overseas adoption if the British parent was not resident in the Uk at the time of such adoption and did not go through the UK-based overseas adoption process.

 
No one is going to give better advice for £1500 lol.



We’ve been following her situation for years.  She needs someone MUCH more qualified than you, with all due respect. 


  • *
  • Posts: 262

  • Liked: 0
  • Joined: Sep 2008
  • Location: Leicestershire
Re: Immigration/Adoption Solicitor Recommendations
« Reply #7 on: November 20, 2018, 01:42:07 PM »
Thank you for the advice but as mentioned it is such a complicated case and has been going on for years.

The American authorities are working with our local authority's adoption team. We actually have an initial assessment tomorrow! Don't know if I'm more excited or more nervous! lol

The $1500 has been put forth at court last week. They have a court hearing every 3 months.  The judge agrees so its now down to CYF.

The most current update is from my nephew's attorney. They are looking at getting a court order for us to have custody to at least get him here while we go through the assessment. The adoption team here have to complete the assessment but they see no genuine reason for us not to be approved seeing we have already been approved for fostering him and the US authorities including the judge is happy for him to become our son. We have been present a few times via phone during court proceedings and have had many video conference calls so have got to know many of them.

Once he is here, we will continue to go through the assessment which they say is about 4 months for us due to a load already being completed but it may take a bit longer. Our local authority would rather he be here as well so they can assess while we are all together as a family. Once, approved, the adoption would be completed through the UK Courts.

That route, which looks like the only route comes with a lot of financial requirements. The family visa, we do qualify but only due to the stipend that we will get once he is here.  Then there is the fact that my husband just got a raise with more hours 2 months ago. If they go back 6 months, we may not qualify. We will get the stipend till he is 25, he is currently 6. It's not much but it will help.

The other is our local authority is requiring the US authorities to place £5000 in a fund to cover any mental health needs for I believe 5 years. It has also been mentioned that we will have to pay the NHS fees until he is a perm res. The US authorities are funding everything for this adoption.

Once he is adopted though, will we be able to apply for citizenship? If so, will the financial requirement still apply if he is due citizenship via my British husband?

Even if he could come here on a visa while we go through the assessment, what visa would that even fall under?

Thanks again for all your support, means so much to our family.

Oh, on a very positive note, he made the honour roll at school!!!! So proud of him. His mom was determined to make him disabled and autistic...held him back so much. I'm so proud that he has overcome so many hurdles and has worked so hard at school!  Please don't take that comment about autism out of context. She kept taking him to doctors in the states to get diagnosed with autism and none would do it because he wasn't.  She lied about saying his preschool teacher thought he was autistic.  She was researching special educational schools before he was 3 and looking to see what funding he would get. Just lots of scary thoughts there.


  • *
  • Posts: 3944

  • Liked: 348
  • Joined: Sep 2014
Re: Immigration/Adoption Solicitor Recommendations
« Reply #8 on: November 20, 2018, 07:11:29 PM »
As you want to live in the UK and sort this, I'm sorry but I don't think anyone here will be able to answer as you need a specialist solicitor in this area who knows what they are doing.

It has also been mentioned that we will have to pay the NHS fees until he is a perm res.

He would need to have a visa of more than 6 months to allow you to buy the Immigration Health Surcharge for him, for him to use the NHS bill free.

Visitor visas and short-term visas

You do not need to pay the surcharge or get an IHS reference number if you’re applying for a:

    visitor visa
    visa for 6 months or less from outside the UK

You will need to pay for any NHS care you get at the point you use it - unless it’s a service that’s free.

https://www.gov.uk/healthcare-immigration-application/who-needs-pay
« Last Edit: November 20, 2018, 07:22:25 PM by Sirius »


  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Immigration/Adoption Solicitor Recommendations
« Reply #9 on: November 20, 2018, 07:23:26 PM »
I’m afraid it’s way out of our depth Daisy.  Remind me again what your status is in the UK?  Are you on a spouse visa or do you have ILR?



  • *
  • Posts: 3944

  • Liked: 348
  • Joined: Sep 2014
Re: Immigration/Adoption Solicitor Recommendations
« Reply #10 on: November 20, 2018, 07:39:56 PM »
I’m afraid it’s way out of our depth Daisy.  Remind me again what your status is in the UK?  Are you on a spouse visa or do you have ILR?



I thought Daisy had BC now?


  • *
  • Posts: 262

  • Liked: 0
  • Joined: Sep 2008
  • Location: Leicestershire
Re: Immigration/Adoption Solicitor Recommendations
« Reply #11 on: November 20, 2018, 08:02:43 PM »
I'm ILR, qualified for BC years and years ago but it's just been too expensive for us. 

We really are reaching out to specialist advice but it takes time to go through all the channels so it's hard to not reach out here. I can't tell you all how much I appreciate the advice and support.

I'm grasping at straws here but could he come over on the visitor visa just while we did the assessment? Then he would return to his gram while we sort the final stage of adoption and then either a visa or British passport?  That's if they can complete the assessment in 6 months. Please know that we would never break the rules or do anything illegal but if he was visiting and had a return ticket, would any of that matter or would they not allow him entry?

Please be easy on me. This little boy has been with an elderly grandparent for nearly 3 years so I've got to ask even the dumbest of questions.
xx


  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
Re: Immigration/Adoption Solicitor Recommendations
« Reply #12 on: November 20, 2018, 08:17:40 PM »
I'm ILR, qualified for BC years and years ago but it's just been too expensive for us. 

We really are reaching out to specialist advice but it takes time to go through all the channels so it's hard to not reach out here. I can't tell you all how much I appreciate the advice and support.

I'm grasping at straws here but could he come over on the visitor visa just while we did the assessment? Then he would return to his gram while we sort the final stage of adoption and then either a visa or British passport?  That's if they can complete the assessment in 6 months. Please know that we would never break the rules or do anything illegal but if he was visiting and had a return ticket, would any of that matter or would they not allow him entry?

Please be easy on me. This little boy has been with an elderly grandparent for nearly 3 years so I've got to ask even the dumbest of questions.
xx

I would apply for a visitor visa in advance for him.  It's about £80 but you would know for sure if he could come and stay.  I'd try to have a lawyer even prepare that (Medivisas could help with that and hopefully it would be a minimal cost).

You'll want to address the full situation, that he's here for a home assessment in advance of adoption.  You'd want to address schooling (as he'd need to be homeschooled as he wouldn't be able to "study" here, medical care (no access to the NHS), that he will return to the USA after the assessment to live with his grandmother until the final adoption is signed off and you can properly apply for a visa (or possibly citizenship).

You guys are just amazing what you are doing for this little guy.  I'm so proud of him for being on honor roll and I can't wait for him to start his life in a family surrounded by love and support!!! 


  • *
  • Posts: 262

  • Liked: 0
  • Joined: Sep 2008
  • Location: Leicestershire
Re: Immigration/Adoption Solicitor Recommendations
« Reply #13 on: November 20, 2018, 08:46:08 PM »
Thank you for your reply KFdancer. That would be great if immigration would allow that! I'm going to bring that up to his attorney and see if that is a possibility they would want to look into. We had purchased health insurance for the last time he was supposed to stay for 6 months. Was expensive but we wanted him covered. Of course him mum wanted him back so he went back home a few weeks after arriving.  We could do that again.  I'm also going to talk to our social worker tomorrow that is starting our assessment and see if 6 months is long enough so that when he does go back it won't be for too long. I'm sure the courts there would draw up an order that states he has to return in 6 months time.

Will send them medivisa's contacts as well.  This gives me so much hope! Even if immigration says no, we know at some point he will get here, it would just be great to have him here sooner and legally.

As for school, we home educate our children already and plan on doing the same with my nephew.

Thank you for your lovely comment about him as well. He is such a sweet little boy. He has some issues but don't we all? Seeing how much he has grown has been amazing. He has come over the past 2 years for our summer holiday and each time he comes over, he changes so much. He needs to be with his lifetime family while he is still little.  We are very blessed.

Will update as we go along. Thank you! x


  • *
  • Posts: 3118

  • Liked: 388
  • Joined: Feb 2010
  • Location: London
Re: Immigration/Adoption Solicitor Recommendations
« Reply #14 on: November 20, 2018, 11:12:12 PM »
I don't have any practical immigration advice, as it's out of my comfort zone, but just wanted to wish you best of luck sorting everything out.  He's very lucky to have you willing to go through this obstacle course to give him the security of a forever/lifetime home.  I'm an adoptee myself after living in several orphanages and with several foster parents, and now that I'm an adult, I realise how much my parents had to go through to adopt me from one country to another.  It truly is a labour of love!


Sponsored Links





 

coloured_drab